(PS) Beliaev v. U.S. Immigration and Customs Enforcement

Opinion

MARK BELIAEV, No. 2:25-cv-01046-TLN-JDP Plaintiff, v. ORDER ENFORCEMENT, et al., Defendants.

On May 9 and May 30, 2025, the magistrate judge filed findings and recommendations herein which were served on Plaintiff Mark Beliaev and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. Plaintiff filed objections to the May 9 findings and recommendations on May 13, 2025, and objections to the May 30 findings and recommendations on June 3, 2025. Those filings were considered by the undersigned. This Court reviews de novo those portions of the proposed findings of fact to which objection has been made. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). As to any portion of the proposed findings of fact to which no objection has been made, the court assumes its correctness and decides the motions on the applicable law. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983). The court has reviewed the applicable legal standards and, good cause appearing, concludes that it is appropriate to adopt both proposed Findings and Recommendations in full. Accordingly, IT IS ORDERED that: 1. The proposed Findings and Recommendations filed May 9, 2025 (ECF No. 8), and May 30, 2025 (ECF No. 12), are adopted; 2. Plaintiff’s motion for a permanent injunction (ECF No. 4) is DENIED; 3. Plaintiff’s amended complaint (ECF No. 9) is DISMISSED without leave to amend for failure to state a cognizable claim; and 4. The Clerk is directed to close the case. Date: July 2, 2025